Is It Illegal to Wear Headphones While Driving in Texas?

Driving in Texas requires constant attention to the road, surrounding traffic, and environmental conditions. With the widespread use of mobile devices and wearable technology, many drivers now use headphones or earbuds behind the wheel. This raises an important legal question for Texas motorists: is it illegal to drive while wearing headphones?

The answer is not as straightforward as it may seem. While Texas does not have a statute that explicitly prohibits wearing headphones or earbuds while driving, that does not mean drivers are free from legal consequences if they do. In many cases, using headphones can lead to dangerous driving behavior, raise liability issues, and even result in criminal charges depending on the circumstances.

No Explicit Statewide Ban on Headphones While Driving

As of November 2025, Texas does not have a law that explicitly bans the use of headphones or earbuds while driving. Unlike some other states, such as California, New York, and Maryland, Texas has not enacted legislation that directly addresses the legality of using both ears for audio while operating a motor vehicle.

However, the absence of a specific statute does not mean that drivers are free to wear headphones without risk. Law enforcement officers may still issue citations or file charges based on general traffic safety laws, especially if headphone use interferes with a driver’s ability to safely operate their vehicle.

Relevant Texas Statutes That Can Apply

While headphone use is not expressly outlawed, several Texas Transportation Code provisions and other legal doctrines may apply to drivers who wear headphones or earbuds and cause or contribute to an accident.

Texas Transportation Code § 545.401 – Reckless Driving

This statute defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of persons or property. If a driver is wearing headphones and fails to hear sirens, horns, or other important auditory signals, they may be cited for reckless driving if that behavior leads to unsafe actions or a crash.

A reckless driving charge under § 545.401 is a misdemeanor and can carry a fine of up to $200, confinement in county jail for up to 30 days, or both.

Texas Transportation Code § 545.4251 – Use of Portable Wireless Communication Devices

This section prohibits the use of handheld devices to read, write, or send electronic messages while driving. Although headphones themselves are not covered by this law, drivers who use them to talk on the phone or interact with mobile devices could still be in violation of § 545.4251 if the device is not used in a hands-free manner.

Local ordinances in cities like Austin may also impose additional restrictions. Austin has its own distracted driving ordinance that mirrors the state statute but includes broader enforcement related to device use.

Texas Penal Code § 22.04 – Criminal Negligence

In the most serious cases, a driver using headphones who causes a fatal or injurious crash could potentially face charges under criminal negligence provisions in the Texas Penal Code. If the use of headphones is deemed to show a gross deviation from the standard of care expected of a reasonable driver, and that behavior results in injury or death, prosecutors could pursue charges under sections dealing with injury to a child, elderly individual, or disabled person, or even criminally negligent homicide under § 19.05.

Headphone Use and Distracted Driving

The Texas Department of Transportation defines distracted driving as any activity that diverts attention from driving. This includes talking or texting on the phone, eating and drinking, and interacting with passengers. While headphone use is not specifically named, it falls squarely into this category if it interferes with a driver’s ability to hear and respond to road conditions.

Using both earbuds or over-the-ear headphones can limit auditory awareness, making it difficult to hear:

• Emergency vehicle sirens
• Car horns
• Screeching tires or other warning sounds
• Railroad crossing alerts
• Verbal directions from traffic officers

Law enforcement may argue that wearing headphones impairs a driver’s capacity to respond to these critical sounds, which could support a claim of negligence or a traffic citation based on unsafe operation.

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How Headphone Use Affects Liability in an Accident

Even though wearing headphones while driving is not explicitly prohibited by law, it can have significant consequences in civil litigation following a car accident. Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001, which bars recovery if a claimant is found to be more than 50 percent at fault for an accident.

If a driver was wearing headphones and failed to hear important audio cues, such as another vehicle honking, screeching tires, or a siren, a court could assign them a higher percentage of fault for failing to take reasonable care. This can reduce or eliminate their ability to recover damages, even if they were injured.

Attorneys representing injured parties may also use headphone use as evidence to establish that a defendant driver was distracted, negligent, or reckless. Insurance companies may likewise deny or reduce claims based on such behavior.

Example Scenario

A driver wearing earbuds fails to hear an ambulance approaching from behind and continues driving through an intersection after the light turns green. The ambulance crashes into the vehicle, resulting in injuries to the paramedics. Even if the driver technically had the green light, their inability to hear the emergency siren due to headphone use could be a critical factor in determining liability.

What About One Earbud?

Some drivers believe that using just one earbud avoids the risks and legal exposure associated with using both ears. While this practice is less likely to impair hearing entirely, it may still constitute a form of distraction. Law enforcement officers may consider one-ear headphone use on a case-by-case basis, depending on whether it appears to impair driving behavior.

Although not expressly banned, even using one earbud could be cited under broader statutes if it leads to unsafe conduct. From a legal standpoint, any device or practice that reduces situational awareness could be used against a driver in both traffic and civil proceedings.

Local Ordinances in Austin and Travis County

Austin has adopted its own local hands-free ordinance, which went into effect in 2015. Under the Austin ordinance, drivers are prohibited from using portable electronic devices while operating a vehicle unless the device is in hands-free mode. While this ordinance focuses more on phones than headphones, using earbuds to talk on the phone could potentially be scrutinized depending on whether the device qualifies as hands-free.

There are currently no specific Austin or Travis County laws that prohibit headphone use per se. However, as with state law, any resulting distraction can still lead to citations or liability.

Best Practices for Texas Drivers

Even though the law in Texas does not expressly prohibit wearing headphones while driving, doing so is not without risk. Drivers in Austin and throughout the state should exercise caution and consider the following best practices:

• Avoid using both earbuds or headphones while driving
• If audio is necessary, use your vehicle’s speaker system or a legal hands-free device
• Stay fully alert to environmental sounds and traffic conditions
• Remove any device that could impede your ability to hear emergency signals
• Know local ordinances, especially when driving in cities like Austin

Take the Next Step: Protect Your Rights After a Distracted Driving Accident

Wearing headphones or earbuds while driving in Texas is not explicitly illegal, but it can still lead to serious legal consequences. Drivers may face charges under reckless driving or distracted driving laws, and headphone use can significantly impact liability in a car accident. In cities like Austin, local ordinances further restrict device use, making it even more important to drive with full awareness.

If you have been involved in an accident where distracted driving may be a factor, or if you were cited for reckless or negligent driving related to headphone use, you should speak with an experienced personal injury attorney.

Contact Dang Law Group today to schedule a free consultation and learn how we can protect your rights and help you pursue fair compensation.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.